DEEP RANA Vs. VIJAY KUMAR

JUDGEMENT

(1.) The appellants-plaintiffs have come up in the present appeal against the judgment of the trial Court dtd. 30/5/2012 and lower appellate Court dtd. 2/4/2014. Vide the judgment of the trial Court, suit of the plaintiffs for declaration to the effect that land (as detailed in the plaint) is a joint Hindu family coparcenary property consisting of plaintiffs and defendant no.4, was dismissed. Further relief of permanent injunction with alternative prayer for joint possession has also been dismissed. Vide the judgment of the appellate Court, the appeal against the judgment and decree of the trial Court dtd. 30/5/2012 was also dismissed.

(2.) Briefly stated, the facts of the case are that 41 kanals 05 marlas of land (fully detailed in the head note of the plaint) is ancestral joint Hindu family coparcenary property consisting of plaintiffs and defendant no.4. The pedigree table of the family is as under:-

(3.) Plaintiff no.1 is son of Gurdial Singh and plaintiff no.2 is the son of Partap Singh and their case is that the joint hindu family coparcenary property owned by Gurdial Singh and Partap Singh has been sold without any legal necessity to defendants no. 1 to 3 and defendants no. 5 to 8.